Why should I register my trademark?

Registered trademark rights are protected by the Trademarks Act and presumed to be valid and enforceable throughout Canada. Unregistered or common law trademarks are limited to the particular geographic area in which it has been used. To enforce unregistered trademark rights, the owner must be able to prove that the trademark has gained significant goodwill and reputation in a particular region. Due to the large cost associated with enforcing unregistered trademark rights, the owners of most unregistered trademark often abandon their rights during a dispute.

Can I file a trademark application myself?

Yes, however over 75% of self-filed applications fail to provide adequate protection or fail completely. Minor mistakes can result in refusals and delays in registration as well as increased costs. The Canadian Intellectual Property Office (CIPO) recommends filing your application through a registered trademark agent.

Do I need to have an incorporated business to file a trademark?

No. Any individual, organization, business, trade union or association may apply to registered a trademark. You may initially file a trademark personally and later transfer it to your business by filing a request with CIPO.

Are your fees inclusive of all costs?

Our fees are inclusive of all costs including our services, but do not include sales taxes or government filing fees, as these may vary.

What are government filing fees?

The government filing fee for an online trademark application is $330 (CDN). Additional filing fees are charged on a per ‘class’ basis. The goods and/or services in a trademark application are categorized into 45 separate classes. If you file a trademark application which contains multiple goods and/or services falling into separate class categories, then you would have to pay a government fee corresponding to the number of class categories identified in the application. The government filing fee for each class is $102 (CDN).

Are there additional fees after my trademark application is filed?

The fees provided on our website are reflective of the total trademarking fees, from filing to registration, exclusive of government filing fees and sales tax. There are a couple of exceptional circumstances which may result in additional fees: (1) substantive refusal; and (2) opposition.

Will you represent me before the CIPO?

We will act as your agent of record on Complete Package orders. On Basic Packages we offer our expertise on preparing and filing your trademark application, however: (1) we will not be the agent of record to handle correspondence from CIPO and (2) we will not monitor the application from filing through to registration.

What is a substantive refusal?

In exceptional cases, a trademark examiner may refuse a trademark application because it is:
 • confusing with a pre-exisitng pending or regiesterd trademark
 • descriptive of the goods and/or services
 • non-distinctive
 • offensive

We can prepare arguments to challenge the examiner’s position for a flat fee.

After I place my order, how long will it take for my trademark application to be filed?

Once we have confirmed your order, we will reach out to you within 7 business days and schedule a follow-up call to take you through the trademark application process, and confirm the details of your trademark application. Your draft trademark application will be ready within 10 business days following your order.

How long is my trademark registration valid?

A trademark registration is valid for 10 years. You must pay a renewal fee to keep your trademark active once this period expires. CIPO will send you a notice approximately six months before your registration expires. If your renewal fee is not paid on time, your registration will be expunged.

What is an opposition?

After your application is approved, the CIPO will advertise your mark for third parties to to object (with reasons) to its registration. Anyone, including a competitor, may object to the registration of your trademark during this period. Opposition proceedings involve preparing and filing legal arguments, evidence and conducting cross-examination. Opposition proceedings are held before the Trademarks Opposition Board, but are similar to a proceeding before a court.

Do you provide a money-back guarantee?

The final decision regarding your trademark application in Canada is made by the CIPO. While we provide expert trademark services which virtually always result in success, we cannot provide a money-back guarantee.